Spring Budget 2016 Briefing

Transcription

1 Spring Budget 2016 Briefing 22 March 2016

2 Spring Budget 2016 Briefing Delivered by George Osborne on 16 March 2016 INTRODUCTION AND ECONOMIC BACKGROUND This was the third Budget within the space of 12 months. It threatened to be the most difficult of the trio because of constraints imposed by June s EU referendum and disappointing economic numbers. Since the Chancellor presented his Autumn Statement in late November 2015, the Office of Budget Responsibility has reduced its forecasts for UK GDP growth for the next five years from 2.4% p.a. to 2.1% p.a., primarily due to lower expectations for productivity growth; this, together with lower levels of anticipated inflation, has cut projected tax revenues. Nevertheless, the Chancellor managed to produce several surprises, including net tax cuts in 2017/18 and 2018/19 before reaching his often repeated goal of a budget surplus in 2019/20. Although the spectre of pension reforms had disappeared before the Chancellor rose to his feet, he did announce something very similar to a pension ISA in the form of a new Lifetime ISA for the under-40s, starting in April Savers will also benefit from a range of other measures, including an increase in the main ISA limit to 20,000 in 2017/18, a reduction in the rates of capital gains tax and an extension of entrepreneurs relief to external investors in unlisted companies. The personal allowance and higher rate threshold for income tax for 2017/18 were given significant increases to 11,500 and 45,000 respectively. Businesses will welcome the long-awaited business rates reform and a 17% corporation tax rate from This document is a summary of some of the main points we believe will be of interest to you. CONTENTS 1. Spring budget highlights and comment 3 2. Personal taxation 4 3. Pensions and savings 6 4. Business taxes 7 5. Tax administration, simplification and anti-avoidance 9 6. Income tax allowances and reliefs National insurance contributions 11 Copyright 22 March All rights reserved. This summary is for general information only. A number of the Government s proposals are subject to consultation / legislation being enacted and may therefore change. You should seek competent professional advice before taking any action on the basis of the contents of this publication. The Financial Conduct Authority does not regulate tax advice, buy-to-let mortgages, estate planning or trusts. London Wall Partners LLP 2 the Financial Conduct Authority

3 1. SPRING BUDGET HIGHLIGHTS AND COMMENT Reduction of capital gains tax From 6 April 2016, the main rates of capital gains tax will be reduced to 20% (currently 28%) for higher and additional rate taxpayers, and trusts, and 10% (currently 18%) for other taxpayers. However, the 28% and 18% rates will continue to apply to carried interests and to chargeable gains on residential property, though the Principal Private Residence ( PPR ) exemption continues to apply for any gains made on your primary residence. Comment: The reductions are welcome, and unexpected. It may be beneficial to defer realising chargeable gains exceeding the annual exempt amount until after 5 April New and increased ISA allowance From 6 April 2017, the standard ISA investment limit will increase to 20,000 (currently 15,240) and a new Lifetime ISA will be launched for adults under the age of 40, with a maximum contribution of 4,000 a year and a 25% Government bonus. Comment: The Government will discuss details of the Lifetime ISA with the savings industry before implementation, though it seems likely the Lifetime ISA will be cash-based; the 4,000 limit will form part of the proposed overall 20,000 investment limit. Income tax From 6 April 2017, the personal allowance will increase to 11,500 (currently 10,600 and 11,000 from 6 April 2016), the higher rate tax threshold will increase to 45,000 (currently 31,786 and 32,001 from 6 April 2016), and there will be two new 1,000 tax allowances for property income and trading income. Comment: There is no change to income tax rates, which remain at 20% (basic), 40% (higher) and 45% (additional), or to the 150,000 additional rate threshold. The personal allowance will continue to be tapered for those with income above 100,000 such that from 6 April 2016, taxable income between 100,000 and 122,000 will be subject to an effective tax rate of 60%. Where taxable income arises from pension drawdown and there are nonpension assets which can be drawn down instead, it may be efficient to decrease pension drawdowns to reduce income tax and increase funds which may be free of inheritance tax, especially if the 60% income tax rate applies. Entrepreneurs relief Will be extended to cover long term external investors in unlisted companies for newly issued shares acquired from 16 March 2016 by investors such as business angels prepared to hold investments for at least three years. Corporation tax The rate of corporation tax will be reduced to 17% in 2020 (currently 20% and 19% from 2017) and there will be greater flexibility in the use of tax losses by smaller companies. Stamp duty Stamp duty land tax on commercial properties has been restructured, with effect from 17 March 2016, with transitional provisions where contracts have been exchanged before then. For residential property, the period in which the 3% Stamp Duty surcharge (applicable to the purchase of second homes from 1 April 2016) may be reclaimed by those purchasing a new main residence prior to disposing of their previous main residence has been extended from 18 to 36 months. Life insurance policies there will be a consultation in 2016 concerning (i) reducing excessive tax charges that may apply on part surrenders / assignments and (ii) extending the list of assets which may be held in personal portfolio bonds without giving rise to annual tax charges, with legislation expected in the Finance Bill London Wall Partners LLP 3 the Financial Conduct Authority

4 2. PERSONAL TAXATION Capital gains tax The higher rate of capital gains tax ( CGT ) will be reduced from 28% to 20% and the lower rate will reduce from 18% to 10% with effect from 6 April The 28% and 18% rates will continue to apply to carried interests and to chargeable gains on residential property. Entrepreneurs relief Entrepreneurs relief will be available on a disposal of a privately held qualifying asset when the accompanying disposal of business assets is to a family member. This provision is backdated to disposals after 17 March This mitigates the effect of the Finance Act 2015 changes which adversely impacted on sales of a business to members of a claimant s family under normal succession arrangements. The 10% rate of CGT will be extended to external investors who are not employees or officers of the company whose shares they acquire. The shares must be newly issued for new consideration, be in a trading company or holding company of a trading group, be issued after 16 March 2016, be held for at least three years from 6 April 2016, and be held continually for three years until disposal. This will be subject to a separate lifetime limit of 10 million of gains. Employee shareholder status An individual lifetime limit of 100,000 will be introduced for arrangements entered into after 16 March 2016 on gains eligible for CGT exemption through employee shareholder status. Income tax and National Insurance contributions The personal allowance will increase to 11,500 and the higher rate threshold will rise to 45,000 for 2017/18. The National Insurance contribution ( NIC ) upper earnings limit will also increase to remain aligned with the higher rate threshold. Employment allowance employing illegal workers One year s employment allowance (worth up to 3,000 of NICs in 2016/17) will be removed from employers who are charged civil penalties by the Home Office for employing illegal workers from April Property and trading allowances From April 2017 there will be a new 1,000 allowance for property income and also a 1,000 allowance for trading income. Individuals with property income or trading income within this allowance will no longer need to declare or pay tax, and they can choose to pay tax on the excess income over the allowance rather than calculate their actual profit. London Wall Partners LLP 4 the Financial Conduct Authority

5 Termination payments From 6 April 2018, employment termination payments over 30,000 liable to income tax will also be subject to employers NICs. Restriction on landlords interest relief The phased restriction of tax relief on interest payments by residential property landlords will start in April 2017 as already legislated. This will limit the amount of finance costs qualifying for higher / additional rate relief (with the balance as a basic rate reduction) to 75% from 6 April 2017, 50% from 6 April 2018, 25% from 6 April 2019 and no higher / additional rate relief from 6 April Employee benefits Voluntary payrolling will be extended to non-cash vouchers and credit tokens from April Employers must use any specific statutory provisions for calculating the tax charge on benefitsin-kind. The exemption for trivial benefits (usually up to 50) will be introduced as planned from April 2016, with a corresponding NIC exemption later in the year. The changes to travel and subsistence expenditure for workers engaged through an employment intermediary will be legislated as planned in the Finance Bill 2016, but the Government has decided after consultation not to make further changes. Non-domiciles Non-UK domiciled individuals who become deemed UK domiciled in April 2017 under the new rules announced in the Summer Budget of 2015 will be able to treat the base cost of their non- UK assets as being their market value on 6 April There will be transitional provisions for those who become deemed domiciled under the 15 out of 20 years rule. This is intended to provide certainty on how amounts remitted to the UK will be taxed. Tax-free childcare Tax-free childcare will be introduced for children under age 12 from early The existing employer-supported childcare scheme will remain open to new entrants until April Transport benefits Fuel duty remains frozen. Following a post-budget 2013 review, CO 2 emissions will remain the basis for the company car tax charge from 2020/21. There will be a consultation on reforming the bands for ultra-low emission vehicles (below 75g/km) to refocus incentives on the cleanest cars. Stamp duty land tax The extra 3% stamp duty land tax ( SDLT ) will apply to purchases of additional residential properties from 1 April Following consultation there will be no exemption from the higher rates for significant investors, a term which never became defined. Buyers will have 36 months (rather than 18 months as originally proposed) to claim a refund of the higher rate if they purchase a new main residence before disposing of their previous main residence. London Wall Partners LLP 5 the Financial Conduct Authority

6 Non-residential SDLT The rates of SDLT on non-residential properties will be reformed to a marginal banding system similar to that for residential properties. This takes effect from 17 March 2016 with transitional provisions for properties where contracts have already been exchanged. There will be a 0% rate up to 150,000, a 2% rate for the next 100,000, and a 5% rate above 250,000. A new 2% rate will apply to leasehold transactions with a net present value over 5 million. 3. PENSIONS AND SAVINGS ISA limit and new Lifetime ISA The overall annual ISA subscription limit will be increased to 20,000 from 6 April A new Lifetime ISA will be available from April 2017 for adults aged under 40. There will be an annual contribution limit of 4,000 (as part of the overall ISA subscription limit) and savers will receive a 25% government bonus, i.e. 1,000 bonus for every 4,000 contributed. Funds, including the bonus, can be used to buy a first home worth up to 450,000 at any time from 12 months after opening an account. They can be withdrawn tax free from age 60 for other purposes. ISAs tax advantages during the administration period The ISA savings of a deceased person will continue to benefit from ISA tax advantages during the administration of their estate. Pension flexibility There will be a number of changes to the pension flexibility rules. These include making lump sums payable on serious ill-health tax-free before age 75 and taxable at the individual s marginal rate when paid at age 75 or more. Under the current rules, serious ill-health lump sums can only be paid out of uncrystallised funds. The new rules extend this to crystallised funds and bring the tax-treatment in line with those where a member dies (i.e. tax-free before age 75 and marginal rate after age 75). It will be possible to convert dependants flexi-access drawdown accounts to nominees accounts when dependants reach the age of 23, thereby potentially avoiding a lump sum tax charge of up to 45%. Under the current rules, any drawdown payments made to a dependant after they reach the age of 23 are deemed to be unauthorised payments and could be chargeable at up to 70% (under the unauthorised payments rules). Therefore, the incentive is to withdraw all benefits as a lump sum while below age 23. If the original member s death occurred before age 75 this lump sum withdrawal would be tax-free. However, if the member was over the age of 75 on death, the lump sum withdrawal would be taxable at 45% (or beneficiary s marginal rate from 6 April 2016). Under the new rules, a dependant s drawdown plan will convert to a nominee s drawdown and, as such, there will no longer be an effective requirement to withdraw all the funds before the age of 23. London Wall Partners LLP 6 the Financial Conduct Authority

7 A trivial commutation lump sum payment will be allowed for defined contribution pensions in payment, where total pension savings would be no more than 30,000. Further clarification is required on what is classed as defined contribution pensions in payment, but it would imply this includes annuities and scheme pensions in payment (given it is already possible to withdraw all of a drawdown plan as a lump sum). Given the pension is in payment it is expected that any commutation lump sum will be fully taxable at the beneficiaries marginal income tax rate (i.e. the 25% tax-free pension commencement lump sum ( PCLS ) will probably have already been taken when the pension was put into payment originally so would not be available a second time). Changes will also be made to the treatment of Charity Lump Sum Death Benefits. Under the current rules, a Charity Lump Sum Death Benefit can only be paid from crystallised funds. The new rules extend this to uncrystallised funds so that the tax-treatment is aligned, which is normally that the payment is tax-free. The requirement to pay within two years has also been removed. Life insurance policies The tax rules for part surrenders and part assignments of life insurance policies will be changed to prevent excessive tax charges arising on these products. The legislation is due in the Finance Bill 2017, following consultation. There will also be a consultation on changes to the categories of assets that life insurance policyholders can choose to invest in without giving rise to an annual tax charge under the personal portfolio bond legislation. Automatic deduction of savings income tax Open-ended investment companies, authorised unit trusts, investment trust companies and peer-to-peer loan platforms will be able to pay interest without deduction of income tax from April BUSINESS TAXES Corporation tax The corporation tax rate, which is currently 20% and due to fall to 19% in 2017, will be reduced to 17% from 1 April Museums and galleries tax relief A new corporation tax relief for museums and galleries will be available for temporary and touring exhibition costs from 1 April Capital allowances and leasing As previously announced, legislation to counter two types of avoidance involving capital allowances and leasing will be effective from 25 November The measure prevents companies from artificially lowering the disposal value of plant and machinery, and taxes as income any payment received for agreeing to take responsibility for tax-deductible leaserelated payments. London Wall Partners LLP 7 the Financial Conduct Authority

8 Requirement for large businesses to publish tax strategies Following consultation last year, new measures will be introduced to improve large business tax compliance. They will include a requirement that large businesses publish their tax strategies and there will be special powers to tackle a minority of large businesses that persistently engage in aggressive tax planning. Offshore property developers Special rules will ensure that the full amount of profits from trading in UK land will always be subject to UK tax, whether or not the person to whom they arise is UK resident. HMRC will create a new taskforce to ensure tax on these profits is collected effectively. Royalty withholding tax The regime for the deduction of tax at source will be changed to bring all international royalty payments arising in the UK within the charge to income tax, unless those taxing rights have been given up under a double taxation agreement or the EU Interest and Royalties Directive. UK withholding tax will apply to a wider definition of royalty payments. There will be a domestic anti-treaty abuse provision to prevent royalty payments being paid to tax havens without deduction of tax via the use of conduit companies. Withholding tax will apply to payments that are attributable to a UK permanent establishment, even if the payment of the royalty is not made from the UK. Tax deductibility of corporate interest expenses New rules that are in line with OECD recommendations will target profit-shifting through interest expenses from 1 April They will limit the tax relief that large multinational enterprises can claim for their interest expenses. A fixed ratio rule will limit corporation tax deductions for net interest expense to 30% of a group s UK earnings before interest, tax, depreciation and amortisation (EBITDA). There will also be a group ratio rule for groups that have high external gearing for genuine commercial purposes. To target the rules at large businesses, there will be a de minimis group threshold of 2 million net of UK interest expense. Addressing hybrid mismatches From 1 January 2017 multinational enterprises will be prevented from avoiding tax through the use of certain cross-border business structures for finance transactions. Transfer pricing The UK transfer pricing rules will be updated in line with the revisions to the OECD Transfer Pricing Guidelines, so that interpreting the application of the UK rules will be done by reference to the revised Guidelines. The government will consult on whether to introduce secondary adjustment rules into the UK s transfer pricing legislation to address the underlying cash benefit from incorrect transfer pricing and encourage broader compliance with the legislation. National minimum wage National minimum wage (NMR) rates will be amended in April each year to coincide with the uprating of the national living wage, starting from April The NMR rates for workers aged up to 24 and for apprentices will increase from October 2016 in line with the recommendations of the Low Pay Commission. Insurance premium tax ( IPT ) The standard rate of IPT will be increased from 9.5% to 10% from 1 October Soft drinks industry levy A new soft drinks industry levy will be payable by producers and importers of soft drinks that contain added sugar. The new levy will be implemented from April London Wall Partners LLP 8 the Financial Conduct Authority

9 5. TAX ADMINISTRATION, SIMPLIFICATION AND ANTI-AVOIDANCE Related party rules partnerships and transfers of intangible assets The related party rules will be amended so that partnerships cannot be used in arrangements that seek to obtain intangible assets tax relief for their corporate members in ways that are contrary to the intention of the regime. Loan relationships The tax rules for company debt and derivative contracts will be updated to ensure they interact correctly with new accounting standards in various specific circumstances. Deep in-the-money options As previously announced, shares transferred to a clearance service or depositary receipt issuer as a result of the exercise of an option will be charged 1.5% stamp duty based on the higher of their market value or the option strike price. This will target avoidance using deep in-the-money options ( DITMOs ). The change will apply to options entered into after 24 November 2015 and exercised after 22 March Tax evasion The Government will consult on new sanctions on those who repeatedly and deliberately participate in the hidden economy, including penalties and monitoring of repeat offenders. As previously announced, there will be a new criminal offence that removes the need to prove intent for the most serious cases of failing to declare offshore income and gains. Also, as previously announced, civil penalties for deliberate offshore tax evasion will be increased. There will be a new penalty linked to the value of the asset on which tax was evaded. New civil penalties will apply to those who enable offshore tax evasion. There will be a new legal requirement to correct past offshore non-compliance within a defined period, with sanctions for those who fail to do so. General anti-abuse rule There will be a new penalty of 60% of the tax due to be charged in all cases successfully tackled under the general anti-abuse rule ( GAAR ). The GAAR procedure will be changed to improve its ability to counter marketed avoidance schemes. London Wall Partners LLP 9 the Financial Conduct Authority

10 6. INCOME TAX ALLOWANCES AND RELIEFS 2016/ /16 Personal (basic) 11,000 10,600 Personal reduced by 1 for every 2 of net income over 100, ,000 Transferable tax allowance for married couples / civil partners 1,100 1,060 Personal (age) if born before 6/4/38 * N/A 10,660 Married couples / civil partners (minimum) at 10% 3,220 3,220 Married couples / civil partners (maximum) at 10% * 8,355 8,355 Blind person s allowance 2,290 2,290 Rent-a-room tax-free income 7,500 4,250 Venture capital trust (VCT) at 30% 200, ,000 Enterprise investment scheme (EIS) at 30% 1,000,000 1,000,000 EIS eligible for capital gains tax (CGT) deferral relief No limit No limit Seed EIS (SEIS) at 50% 100, ,000 SEIS CGT reinvestment relief 50% 50% Registered pension scheme: Annual allowance 40,000 80,000 Money purchase annual allowance 10,000 20,000 Lifetime allowance 1,000,000 1,250,000 * Reduced by 1 for every 2 of income over 27,700, until basic minimum reached. Where at least one spouse / civil partner was born before 6/4/35. 50% taper down to 10,000 if threshold income over 110,000 and adjusted income over 150,000. Rates 2016/ /16 Starting rate at 0% on savings income up to^ 5,000 5,000 Savings allowance at 0% tax: Basic rate taxpayers 1,000 N/A Higher rate taxpayers 500 N/A Additional rate taxpayers N/A N/A Basic rate of 20% on income up to 32,000 31,785 Higher rate of 40% on income up to 150,000 from 32,001 31,786 Additional rate of 45% on income over 150, ,000 Dividend tax credit N/A 10% Dividend allowance at 0% tax all individuals 5,000 N/A Tax rate on dividends based on: Dividend Dividend +tax credit Basic rate taxpayers 7.5% 10% Higher rate taxpayers 32.5% 32.5% Additional rate taxpayers 38.1% 37.5% Trusts: Standard rate band generally 1,000 1,000 Dividends (rate applicable to trusts) 38.1% 37.5% Other income (rate applicable to trusts) 45% 45% Child benefit charge: 1% of benefit per 100 of income between 50,000 and 60,000. ^ Not available if taxable non-savings income exceeds the starting rate band. London Wall Partners LLP 10 the Financial Conduct Authority

11 7. NATIONAL INSURANCE CONTRIBUTIONS Class 1 (Employees) 2016/ /16 Employee Employer Employee Employer NIC rate 12% 13.8% 12% 13.8% No NICs on the first: Under 21 * 155 pw 827 pw 155 pw 815 pw 21 and over * 155 pw 156 pw 155 pw 156 pw NICs rate charged up to 827 pw No limit 815 pw No limit 2% NICs on earnings over 827 pw N/A 815 pw N/A * For 2016/17: 25 years for apprentices. Employment allowance 2016/ /16 Payable per business 3,000 2,000 Not available in 2016/17 if a director is the sole employee. Earnings limits or thresholds 2016/ /16 Weekly Monthly Annual Weekly Monthly Annual Lower earnings limit , ,824 Secondary earnings threshold , ,112 Primary earnings threshold , ,060 Upper earnings limit 827 3,583 43, ,532 42,385 Upper secondary earnings threshold (under 21 ) 827 3,583 43, ,532 42,385 For 2016/17: under 25 years for apprentices. Contracted-out rebate 2016/ /16 On band earnings for salary related schemes only N/A pw Employer rebate N/A 3.4% Employee rebate N/A 1.4% Class 1A (Employers) 2016/ /16 Most taxable employee benefits 13.8% 13.8% Class 2 (Self-Employed) 2016/ /16 Flat rate 2.80 pw pa 2.80 pw pa Small profits threshold 5,965 pa 5,965 pa Class 4 (Self-Employed) 2016/ /16 On profits 8,060 43,000 pa 9% 8,060 42,385 pa 9% Over 43,000 pa 2% Over 42,385 pa 2% Voluntary 2016/ /16 Class 3 flat rate pw pa pw pa London Wall Partners LLP 11 the Financial Conduct Authority

12 If you would like to discuss any matters arising from this budget briefing, or would like an informal consultation on your financial matters, please contact Nick Fletcher on or London Wall Partners LLP Salisbury House London Wall London EC2M 5QQ Legal and Compliance Information: London Wall Partners LLP Registered Office: 130 Wood street London EC2V 6DL. Partnership Number: OC You should not rely on anything in this document and should always seek professional advice.